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Tri-City ValleyCats, Inc., et al. v. The Office of the Commissioner of Baseball

Paid petition · United States Court of Appeals for the Second Circuit, No. 22-2859 · judgment June 20, 2023

Dismissed · November 14, 2023
Pre-decision estimate: 10% cert probability (95% interval 6%–15%)

Before the decision, about 2.4× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Second Circuit decision below, and a business petitioner.

Question presented

Whether this Court should overrule Flood v. Kuhn, 407 U.S. 258 (1972), and its predecessors and revoke the century-old, common-law antitrust immunity for the business of baseball. (i)

Counsel of record

For petitioner
Gregory Silbert
Weil Gotshal & Manges LLP

For respondent
Jeffrey B. Wall
Sullivan & Cromwell LLP

Case

Conference history
—

Amicus briefs
8 cert-stage

Proceedings

  1. Nov 14 2023
    Petition Dismissed - Rule 46.
  2. Nov 08 2023
    Stipulation of dismissal pursuant to Rule 46.1 filed.
    Main Document
  3. Oct 23 2023
    Brief amici curiae of Baseball Antitrust Scholars filed.
    Main DocumentProof of ServiceCertificate of Word Count
  4. Oct 23 2023
    Brief amici curiae of Connecticut, et al. filed.
    Main DocumentCertificate of Word CountProof of Service
  5. Oct 23 2023
    Brief amici curiae of Antitrust, Business, and Sports Law Professors filed.
    Main DocumentProof of ServiceCertificate of Word Count
  6. Oct 23 2023
    Brief amicus curiae of The Committee to Support the Antitrust Laws filed.
    Main DocumentProof of ServiceCertificate of Word Count
  7. Oct 23 2023
    Brief amicus curiae of Rensselaer County Regional Chamber of Commerce, Inc. filed.
    Main DocumentProof of ServiceCertificate of Word Count
  8. Oct 20 2023
    Brief amicus curiae of Open Markets Institute filed.
    Main DocumentProof of ServiceCertificate of Word Count
  9. Oct 20 2023
    Brief amici curiae of Senators Mike Lee and Marco Rubio and Representatives Paul Tonko and Joe Courtney filed.
    Main DocumentProof of ServiceCertificate of Word Count
  10. Oct 17 2023
    Brief amicus curiae of Major League Baseball Players Association filed.
    Main DocumentProof of ServiceCertificate of Word Count
  11. Sep 29 2023
    Motion to extend the time to file a response is granted and the time is extended to and including November 22, 2023.
  12. Sep 27 2023
    Motion to extend the time to file a response from October 23, 2023 to November 22, 2023, submitted to The Clerk.
    Main Document
  13. Sep 18 2023
    Petition for a writ of certiorari filed. (Response due October 23, 2023)
    PetitionCertificate of Word CountProof of Service